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The DC Code: § 47-2834 Sales on streets or public places. [Repealed]

Index47 Taxation, Licensing, Permits, Assessments, and Fees. (Refs & Annos)

Historical and Statutory

Prior Codifications 1981 Ed., § 47-2834. 1973 Ed., § 47-2336. Temporary Amendments of Section Section 4 of D.C. Law 16-252 amended subsec. (c) to read as follows: "(c) The Director of the Department of Consumer and Regulatory Affairs may, by rule, establish and revise every 2 years a site specific schedule of license fees to replace the fees listed under subsection (a) of this section to reflect the adoption of a regulatory system that assigns specific vending sites and assesses a license fee that reflects the administrative cost of licensure and periodic inspection of food and merchandise vendors." Section 7(b) of D.C. Law 16-252 provides that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 17-241 added subsec. (c-1) to read as follows: "(c-1)(1) No later than July 21, 2008, the Mayor shall establish 14 additional vendor locations to be added to the 28 currently identified to increase the number of viable sites to 42 to adhere to the requirements of subsection (c) of this section. "(2) No later than July 21, 2008, the Mayor shall hold a lottery for the 14 additional vending locations and those vendors selected shall be assigned vending locations, as specifically herein provided, for the duration of the 2008 baseball season. "(3) The 14 sites assigned pursuant to paragraph (2) of this subsection shall be located as follows: "(A) Two sites on First Street, S.E., between N Street, S.E., and N Place, S.E. (Eastside); "(B) Two sites on First Street, S.E., between N Place, S.E., and O Street, S.E. (Eastside); "(C) Seven sites on Half Street, S.E., between M Street, S.E., and N Street, S.E. (Westside); and "(D) Three sites on N Street, S.E., between Half Street, S.E., and Van Street, S.E. (Northside).". Section 4(b) of D.C. Law 17-241 provides that the act shall expire after 225 days of its having taken effect. Temporary Addition of Section Section 5 of D.C. Law 16-252 provided: Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Department of Transportation, the Department of Consumer and Regulatory Affairs, the Department of Health, and the Metropolitan Police Department may promulgate rules specific to their vending responsibilities, incorporating the best practices for the planning, cart design, management, site identification, fees and applicable taxes, and enforcement of sidewalk and roadway vendors to ensure public health and safety. The proposed rules shall be submitted to the Council for a 30-day period of review. If the Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed disapproved. In no event shall there be an interpretation of this section that rulemaking shall be necessary for the issuance of licenses or permits. Section 7(b) of D.C. Law 16-252 provides that the act shall expire after 225 days of its having taken effect. Sections 2 to 10 of D.C. Law 17-172 added sections to read as follows: "Sec. 2. Definitions. "For the purposes of this act, the term: "(1) 'Vending location' means the specific locations on sidewalks, roadways, and other public space from which a person may vend. "(2) 'Vending site permit' means a permit or other authorization to vend from a vending location. "Sec. 3. Vending from public space. "(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space in the District of Columbia unless the person holds: "(1) A basic business license properly endorsed for sidewalk or roadway vending; "(2) A vending site permit; and "(3) Such other licenses, permits, and authorizations as the Mayor may require by rule. "(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit: "(1) An employee or youth assistant of a licensed vendor; "(2) A person vending at a licensed special event; and "(3) A person vending from a public market holding a valid permit issued by the Mayor. "Sec. 4. Vending locations and assignment. "(a) The Mayor shall designate vending locations; provided, that no vending locations shall be established in Ward 2 of the District of Columbia other than those previously authorized under the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, except as may be established through a vending development zone authorized under section 5; provided further, that no more than 350 vending locations shall be permitted in any single Ward of the District of Columbia. "(b) A person shall not vend from a location other than a vending location unless the person is vending at a special event or public market holding a valid license or permit issued by the Mayor. "(c) A person shall not vend from a vending location without first obtaining a vending site permit from the Mayor. "(d)(1) Except as provided in paragraph (2) of this subsection, vending locations shall be assigned by lottery, unless: "(A) The Mayor establishes an alternate means of assignment by rule; or "(B) The vending location is located in a vending development zone, in which case the vending location may be assigned by lottery or such other means as may be established for the vending development zone pursuant to section 5. "(2) Vendors who received vending site permits for a vending location pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, shall have first right of preference for the issuance of a vending site permit for the same vending location. "Sec. 5. Vending development zones. "The Mayor may establish vending development zones, upon application and after public hearing, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations, otherwise applicable to vendors; provided, that the Mayor shall establish, by rule, a procedure for reviewing applications for the establishment of a vending development zone. "Sec. 6. Capitol Riverfront Vending Development Zone. "(a) Notwithstanding section 5, but subject to subsection (f) of this section, there is established the Capitol Riverfront Vending Development Zone ('CRVDZ'). "(b) The boundaries of the CRVDZ shall be the same as the boundaries for the Capitol Riverfront BID, established by section 208 of the Business Improvement Districts Act of 1996, effective October 18, 2007 (D.C. Law 17-27; D.C. Official Code § 2-1215.58). "(c) The Mayor shall issue no fewer than 40 vendor locations, with preference to the vendors who are legally licensed to vend at Robert F. Kennedy Memorial Stadium, within 21 days of the effective date of the Expanding Opportunities for Vending Around the Baseball Stadium Emergency Amendment Act of 2008, passed on emergency basis on April 1, 2008 (Enrolled version of Bill 17-690), and shall designate and assign vending locations within the CRVDZ. "(d) Vending locations assigned within the CRVDZ shall be assigned by lottery. "(e) Except as provided in this section, the Mayor may waive the regulatory provisions otherwise applicable to vendors, such as design standards, siting standards, and the types of permitted vending. "(f) The CRVDZ, and any licenses or permits issued therefor, shall expire if any new development zone is hereafter established with the boundaries of the CRVDZ pursuant to section 5. "(g) Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement this section; provided, that the Mayor may also issue emergency rules to implement this section. "Sec. 7. Public markets. "The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space. "Sec. 8. Fees and funding. "(a) The Mayor may establish fees, by rule, for the application for, and issuance of, each license, permit, and authorization required under this act or the rules promulgated pursuant to this act. The Mayor may differentiate the fees based on the class of license, vending location, and other relevant factors. "(b)(1) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Vending Regulation Fund ('Fund'), which shall be used solely for the purposes set forth in this section. "(2) Deposits into the Fund shall include: "(A) Fees paid for the application for, and issuance or renewal of, a vending permit; "(B) Fees paid for the application for, and issuance or renewal of, the permit or other authorization issued by the Mayor setting forth the specific location on public space from which a person may vend; "(C) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Fund; "(D) Any other funds designated by law or rule to be deposited into the Fund; and "(E) Interest on funds deposited in the Fund. "(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (4) of this subsection, subject to authorization by Congress. "(4) Funds in the Fund may be used to pay the costs of administering this act, including costs associated with the issuance of licenses and permits described in paragraph (2)(A) and (B) of this subsection and the administration and enforcement of any rules promulgated under this act. "Sec. 9. Penalties. "The Mayor may establish civil penalties for the violation of this act and rules promulgated pursuant to this act, including the establishment of civil penalties pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.). "Sec. 10. Rules. "The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement this act, including rules regulating the design and maintenance of vendor carts, stands, vehicles, and other equipment and rules requiring that persons vending from public space maintain insurance in such form and amount as may be required by the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, excluding weekends, holidays, and days of Council recess; provided, that rules regarding fees shall be submitted separately. If the Council does not approve or disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules shall be deemed disapproved." Section 13(b) of D.C. Law 17-172 provides that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 17-205 added a section to read as follows: "Sec. 5a. Capitol Riverfront Vending Development Zone. "(a) Notwithstanding section 5, but subject to subsection (f) of this section, there is established the Capitol Riverfront Vending Development Zone ('CRVDZ'). "(b) The boundaries of the CRVDZ shall be the same as the boundaries for the Capitol Riverfront BID, established by section 208 of the Business Improvement Districts Act of 1996, effective October 18, 2007 (D.C. Law 17-27; D.C. Official Code § 2-1215.58). "(c) The Mayor shall issue no fewer than 40 vendor locations, with preference to the vendors who are legally licensed to vend at Robert F. Kennedy Memorial Stadium, on or before the effective date of the Expanding Opportunities for Vending Around the Baseball Stadium Emergency Amendment Act of 2008, effective April 17, 2008 (D.C. Act 17-353; 55 DCR 5370, and shall designate and assign vending locations within the CRVDZ. "(d) Vending locations assigned within the CRVDZ shall be assigned by lottery. "(e) Except as provided in this section, the Mayor may waive the regulatory provisions otherwise applicable to vendors, such as design standards, siting standards, and the types of permitted vending. "(f) The CRVDZ, and any licenses or permits issued therefor, shall expire if any new development zone is hereafter established with the boundaries of the CRVDZ pursuant to section 5. "(g) Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement this section; provided, that the Mayor may also issue emergency rules to implement this section." Section 4(b) of D.C. Law 17-205 provides that the act shall expire after 225 days of its having taken effect. Sections 2 to 9 of D.C. Law 18-4 added sections to read as follows: "Sec. 2. Definitions. "For the purposes of this act, the term: "(1) 'Vending location' means the specific locations on sidewalks, roadways, and other public space from which a person may vend. "(2) 'Vending site permit' means a permit or other authorization to vend from a vending location. "Sec. 3. Vending from public space. "(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space in the District of Columbia unless the person holds: "(1) A basic business license properly endorsed for sidewalk or roadway vending; "(2) A vending site permit; and "(3) Such other licenses, permits, and authorizations as the Mayor may require by rule. "(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit: "(1) An employee or youth assistant of a licensed vendor; "(2) A person vending at a licensed special event; and "(3) A person vending from a public market holding a valid permit issued by the Mayor. "(c) No authorization from the Mayor is required for vending pursuant to section 105(h) of the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-532; D.C. Official Code § 5-331.05(h)). "Sec. 4. Vending locations and assignment. "(a) The Mayor shall designate vending locations; provided, that no vending locations shall be established in Ward 2 of the District of Columbia other than those previously authorized under the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, except as may be established through a vending development zone authorized under section 5; provided further, that no more than 350 vending locations shall be permitted in any single Ward of the District of Columbia. "(b) A person shall not vend from a location other than a vending location unless the person is vending at a special event or public market holding a valid license or permit issued by the Mayor. "(c) A person shall not vend from a vending location without first obtaining a vending site permit from the Mayor. "(d)(1) Except as provided in paragraph (2) of this subsection, vending locations shall be assigned by lottery, unless: "(A) The Mayor establishes an alternate means of assignment by rule; or "(B) The vending location is located in a vending development zone, in which case the vending location may be assigned by lottery or such other means as may be established for the vending development zone pursuant to section 5. "(2) Vendors who received vending site permits for a vending location pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, shall have first right of preference for the issuance of a vending site permit for the same vending location. "Sec. 5. Vending development zones. "The Mayor may establish vending development zones, upon application and after public hearing, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations, otherwise applicable to vendors; provided, that the Mayor shall establish, by rule, a procedure for reviewing applications for the establishment of a vending development zone. "Sec. 6. Public markets. "The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space. "Sec. 7. Fees and funding. "(a) The Mayor may establish fees, by rule, for the application for, and issuance of, each license, permit, and authorization required under this act or the rules promulgated pursuant to this act. The Mayor may differentiate the fees based on the class of license, vending location, and other relevant factors. "(b)(1) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Vending Regulation Fund ("Fund"), which shall be used solely for the purposes set forth in this section. "(2) Deposits into the Fund shall include: "(A) Fees paid for the application for, and issuance or renewal of, a vending permit; "(B) Fees paid for the application for, and issuance or renewal of, the permit or other authorization issued by the Mayor setting forth the specific location on public space from which a person may vend; "(C) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Fund; "(D) Any other funds designated by law or rule to be deposited into the Fund; and "(E) Interest on funds deposited in the Fund. "(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (4) of this subsection, subject to authorization by Congress. "(4) Funds in the Fund may be used to pay the costs of administering this act, including costs associated with the issuance of licenses and permits described in paragraph (2)(A) and (B) of this subsection and the administration and enforcement of any rules promulgated under this act. "Sec. 8. Penalties. "The Mayor may establish civil penalties for the violation of this act and rules promulgated pursuant to this act, including the establishment of civil penalties pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.). "Sec. 9. Rules. "The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement this act, including rules regulating the design and maintenance of vendor carts, stands, vehicles, and other equipment and rules requiring that persons vending from public space maintain insurance in such form and amount as may be required by the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, excluding weekends, holidays, and days of Council recess; provided, that rules regarding fees shall be submitted separately. If the Council does not approve or disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules shall be deemed disapproved." Section 12(b) of D.C. Law 18-4 provides that the act shall expire after 225 days of its having taken effect. Temporary Repeal of Section Section 11(c)(2) of D.C. Law 17-172 repealed this section. Section 13(b) of D.C. Law 17-172 provides that the act shall expire after 225 days of its having taken effect. Section 10(c)(2) of D.C. Law 18-4 repealed this section. Section 12(b) of D.C. Law 18-4 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments For temporary requirement that the Mayor attempt to designate additional vending spaces to replace vending spaces that have been eliminated as a result of recent federal measures to increase the security of the White House complex and the Federal Bureau of Investigation headquarters, see § 3 of the Vending Site Lottery and Assignment Amendment Emergency Act of 1996 (D.C. Act 11-267, May 21, 1996, 43 DCR 2836). For temporary (90 day) amendment of section, see § 3(hh)(4)(S) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 4 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006, 53 DCR 10264). For temporary (90 day) enactment, see § 5 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006, 53 DCR 10264). For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445). For temporary (90 day) repeal of section, see § 10(c)(2) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445). For temporary (90 day) additions, see § 2 of Expanding Opportunities for Street Vending Around the Baseball Stadium Emergency Amendment Act of 2008 (D.C. Act 17-353, April 17, 2008, 55 DCR 5370). For temporary (90 day) amendment of section 6 of D.C. Law 17-172, see § 2 of Expanding Opportunities for Street Vending Around the Baseball Stadium Clarifying Emergency Amendment Act of 2008 (D.C. Act 17-427, July 16, 2008, 55 DCR 8250). For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638). For temporary (90 day) repeal, see § 10(c)(2) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638). For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574). For temporary (90 day) repeal, see § 10(c)(2) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574). Legislative History of Laws For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808. Law 5-113, the "District of Columbia Revenue Act of 1984," was introduced in Council and assigned Bill No. 5-370, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on June 26, 1984 and July 10, 1984, respectively. Signed by the Mayor on July 13, 1984, it was assigned Act No. 5-164 and transmitted to both Houses of Congress for its review. Law 12-86, the "Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-458, which was referred to the Committee on Public Works and the Environment and the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 19, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 21, 1998, it was assigned Act No. 12-256 and transmitted to both Houses of Congress for its review. D.C. Law 12-86 became effective on April 29, 1998. For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801. Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999. For Law 15-38, see notes following § 47-2404. For Law 15-354, see notes following § 47-340.03. Law 16-72, the "Vending Licensing Moratorium Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-347 which was referred to the Committee on Consumers and Regulatory Affairs.  The Bill was adopted on first and second readings on November 1, 2005, and December 6, 2005, respectively. Signed by the Mayor on January 4, 2006, it was assigned Act No. 16-248 and transmitted to both Houses of Congress for its review.   D.C. Law 16-72 became effective on March 8, 2006. For Law 18-71, see notes following § 47-2002.01. Effective Dates Section 502 of D.C. Law 5-113 provided that § 501 shall take effect April 1, 1985. Delegation of Authority Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor's Order 98-139, August 20, 1998 (45 DCR 6591). Miscellaneous Notes Mayor authorized to issue rules: See second paragraph of note to § 47-2601. DC CODE § 47-2834 Current through December 11, 2012

Credits

(July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 36; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(aa), 23 DCR 2461; Sept. 26, 1984, D.C. Law 5-113, § 501, 31 DCR 3974; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 1102, 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(30), 46 DCR 3142; Apr. 20, 1999, D.C. Law 12-264, § 52(s), 46 DCR 2118; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(S), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(2), 52 DCR 2638; Mar. 8, 2006, D.C. Law 16-72, § 2, 53 DCR 372; Oct. 22, 2009, D.C. Law 18-71, § 12(c)(2), 56 DCR 6619.)